Should I try to settle with the other person’s insurance company?
If you, a family member or one of your passengers has suffered any personal injury, or even if there is a possibility that someone will claim an injury, it is generally NOT wise to deal with the other side's insurance company. In such cases, you certainly should not settle your claim without speaking to a lawyer who practices accident or personal injury law.
Here are some questions you should ask yourself:
Do you know the full extent of your injuries? Might there be some late developing symptoms? Do you know how long the effects of the injury may last or how difficult the recovery process might be? Do you know what therapy may be needed or what it will cost? Are you sure you understand what the long term impact of your accident or injury might be on your ability to earn a living and complete day-to-day activities? Do you understand what is customarily awarded for the "pain and suffering" you went through? Do you know how much income you might lose, regardless of any disability insurance you have, not just in terms of the time you are out of work, but afterwards? Do you know how much of what the other side's insurance company might pay you will have to be paid over by you to your own auto or health insurance company, union or employer health plan to reimburse them for the expenses they paid on your behalf?
Do you know how much money is recoverable by persons who are similarly injured who have legal representation? You may not know any of these things; however, the person from the other side's insurance company does know the answers and his or her insurance company or adjuster won't share that information with you. You would be negotiating in the blind, without any idea of what you may be entitled to recover. Anything you say to the other side's insurance company could be used against you in negotiations and in court if the case should go to trial.
You can easily speak to an experienced lawyer who knows the answers and can represent your interests, not the insurance company's. In personal injury cases, lawyers generally do not charge for an initial consultation. If they take the case, they are paid on a contingency fee basis from what they recover for you.
On the other hand, if there is no personal injury and all that is involved is some damage to your car, feel free to speak to the other side's insurance company. However, if you have been injured and there is damage to the car, it's in your best interest to speak with an attorney before having your car fixed as you don't want to prejudice what might be a significant personal injury claim.
|